Hammond settles excessive force lawsuit filed against police officers

HAMMOND | City officials have settled an excessive force lawsuit for an undisclosed amount, federal court records show.

Hammond resident John Stancato sued the city and five police officers in 2007, claiming he suffered a permanent brain injury after being Tasered and kicked and hit in the head by the officers. Officers Timothy Thomas, Patrick Vicari, Rich Tumidalsky, Phillip Merritt and Jeff Miller were named in the suit.

Stancato said he was protesting Thomas' issuing a ticket to Stancato's girlfriend's son in August 2005 when Thomas decided to arrest him. During the process, Thomas walked backward and tripped over an electrical box in the grass, falling over and pulling Stancato with him, the lawsuit alleges.

Stancato claims the other officers Tased him about four times, and kicked and hit him in the head while arresting him. He sought damages for his injuries and the violation of his civil rights, as well as attorneys' fees and costs for having to file the lawsuit.

City officials and Stancato reached a settlement in the case last month. A stipulation to dismiss the civil lawsuit was filed Tuesday in federal court in Hammond, records show.

John McCrum, who represented the city and four of the police officers in the lawsuit, said the defendants did not admit any wrongdoing as part of the settlement. He declined further comment.

Stancato's attorney, David Gladish, also declined comment Tuesday.

Thomas' attorney, Donald Levinson, could not be reached Tuesday for comment.